PCRLJ 2007

2007 P Cr (PLP)

GHULAM RASOOL — Petitioner Versus THE STATE — Respondent

Jurisdiction / Court
Lahore
Decided Date
N/A
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 2007 P Cr (PLP)
Forum / Court Lahore
Bench Members N/A
Parties GHULAM RASOOL — Petitioner Versus THE STATE — Respondent
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2007 P Cr (PLP)?

This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2007 P Cr (PLP)?

The case was heard and decided by the Lahore bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2007 P Cr (PLP) (GHULAM RASOOL — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Sikandar Zulgarnain, for Petitioner.

Headnotes / Summary

S. 497

Penal Code (XLV of 1860), Ss.302, 324, 148 & 149

Bail, refusal of

Case of one deceased and ,one injured, who had received fire-arm injuries on .the vital part of her body, which injuries were attributed to accused

Injured person supporting the prosecution case had made statement against accused

Contention of accused that he had been declared innocent, was totally wrong

Counsel for accused had himself produced copy of challan/report under section 173, Cr.P.C. wherein name of accused had been placed in Column No.3, while his co-accused had been placed in Colunm No.2 being proclaimed offenders and had been shown in red ink

No merit having been found in the petition, same was dismissed.

Judgment & Decree

KHAWAJA MUHAMMAD SHARIF, J.

The learned counsel for the petitioner submits that challan/report under section 173, Cr.P.C. has been submitted before .the Court, wherein the petitioner has been declared innocent; and that it is a case of further inquiry falling within the ambit of subsection (2) of section 497, Cr.P.C.

2. The learned Additional Prosecutor-General assisted by the learned counsel assisted by the learned counsel for the complainant submits that Mst. Naseem Bibi, who received serious injuries on her abdomen during the occurrence, was taken to R.H.C., Hujra Shah Muqeem. Dr. Khalil Masood, who was posted there, refused to examine Mst. Naseein Bibi and stated that she should be examined by a lady doctor and referred her to Jinnah Hospital, Lahore, where she was medically examined and admitted.

3. I have heard the learned counsel for the parties and gone through the record. There is one deceased in this case and one injured namely Mst. Naseem Bibi. She had received fire-arm injuries on the vital part of her body, which injuries are attributed to the petitioner. She made statement against the petitioner. She still supports the case of the prosecution. The contention of the learned counsel that the petitioner has been declared innocent is totally wrong. He himself has produced copy of challan/report under section 173, Cr.P.C., wherein the name of the petitioner has been placed in Column No.3, while his co-accused has been placed in Column No.2 being proclaimed offenders and have been shown in red ink. Hence, I find no merit in this petition and dismiss the same.

4. Dr. Khalid Masood, posted at Medical Officer, R.H.C. Hujra Shah Muqeem, who had refused to examine Mst. Naseem Bibi on the ground that she should be examined by a lady doctor, who was not posted at R.H.C. He should be summoned for 6-7-2007 through the Additional Prosecutor-General. The doctor would also bring with him the record, if any, from the Health Department that in such-like situation a lady cannot be examined by a male doctor. Separate file shall be prepared in this regard: H.B.T./G-63/L???????????????????????????????????????????????????????????????????????????????????? Bail refused.